Week 10 Assignment - Inmates' Rights corrections

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Week 10 Assignment - Inmates' Rights Week 10 Assignment - Inmates' Rights LaShonda Ellis CRJ410 – Corrections Professor Raymond Anderson November 6, 2023 1

Week 10 Assignment - Inmates' Rights Inmates' Rights In the 19th century, the hands-off doctrine prevailed in American correctional law, with courts considering inmates as "slaves of the state" (Schwartzman, 1). Judges maintained the belief that prisoners, having forfeited their rights due to their crimes, were not entitled to judicial protection. This stance aimed to avoid infringing on the separation of powers, respecting the executive branch's authority over prison administration. However, during the 1960s and 1970s, a departure from the hands-off doctrine occurred as courts recognized their responsibility to address constitutional claims by prisoners. The shift was influenced by the assertiveness of Black Muslim prisoners presenting claims to the courts and the activist Warren Court's dedication to safeguarding the rights of minorities, including those accused or convicted of crimes (Cornell. 2). Furthermore, various legal developments contributed to the temporary abandonment of the hands-off doctrine. In the 1961 case of Monroe v. Pape, the U.S. Supreme Court established that citizens had the right to initiate Section 1983 suits against state officials in federal courts without the prerequisite of exhausting all state judicial remedies (Crowd Source Lawyers, 3). Section 1983, part of the Civil Rights Act of 1871, imposes civil liability on individuals, depriving others of constitutional rights and providing inmates a legal avenue to contest the constitutionality of prison conditions (Crowd Source Lawyer, 3). Another pivotal case, Robinson v. California (1962), saw the Court expanding the Eighth Amendment's prohibition against cruel and unusual punishment to the states. Freedom of religion is another focal point in prisoners' litigation, as emphasized by the First Amendment. The Supreme Court has affirmed inmates' right to 2

Week 10 Assignment - Inmates' Rights freedom of religion, stressing that prison authorities must facilitate opportunities for inmates to practice their faith. The legal underpinnings for prisoners' rights are grounded in four key sources: the U.S. Constitution, federal statutes, state constitutions, and state statutes (Schmalleger, 4). While cases related to prisoners' rights often center around claims based on the U.S. Constitution, it is noteworthy that state constitutions typically mirror the U.S. Constitution and may, at times, provide additional rights. Additionally, state legislatures and Congress hold the authority to extend further rights to prisoners. The federal courts have extended constitutional safeguards to prison inmates, such as the protection of free speech, religious practice, due process, and other private and personal rights. Furthermore, judicial interpretation makes constitutional provisions guarding against cruel and unusual punishments applicable to incarcerated individuals. The U.S. Constitution secures individuals' personal and due process rights, particularly the Bill of Rights and the first ten amendments. These constitutional rights form the foundation for most rights afforded to inmates. The First Amendment states, in part, that "Congress shall make no law ... abridging the freedom of speech"(Constitution, 5). Since 1970, federal and state courts have expanded the right to freedom of speech and expression to include inmates, compelling correctional administrators to justify any restrictions on these rights. In the case of Procunier v. Martinez (1974), prisoners contested the constitutionality of state regulations governing the censorship of prisoner mail, arguing that these regulations violated their free-speech rights. One rule prohibited letters containing inmates' criticisms of prison conditions. The Supreme Court, deeming the state regulations unconstitutional, outlined two prerequisites for future attempts 3

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Week 10 Assignment - Inmates' Rights to regulate prisoners' communications. First, restrictions on speech must be warranted by the need to maintain security or serve some other substantial governmental interest. Second, the rules should not impede inmate communications more than necessary to safeguard crucial governmental interests. Inmates' Rights Impact Correctional Administration While prisoners rarely emerge victorious in their lawsuits, these legal actions significantly influence prison conditions. Court decisions in prisoners' rights cases have improved living conditions, more equitable administrative practices, increased court access, enhanced communication with the outside world, and expanded opportunities for inmates to engage in diverse religious traditions. Courts have also played a role in alleviating some of the most egregious prison conditions. However, the downside of prisoners' rights litigation lies in the substantial caseload it imposes on the courts. In ensuring the fairness and justice of the correctional system and preventing mistreatment or abuse of prisoners, inmates' rights play a crucial role. These rights establish a legal framework that correctional administrators must follow to ensure their policies and procedures comply with the law. This encompasses safeguarding detainees from unusual or harsh punishment and ensuring access to educational and rehabilitation activities. Inmates' rights provide additional protections for those incarcerated, offering safeguards for access to medical treatment, educational opportunities, and the exercise of religious views. Inmates' rights pose other considerations for correctional administrators, necessitating aligning their institution's rules and procedures with the law. For example, correctional officials are tasked with ensuring that prisoners are not subjected to unlawful searches and seizures and that they have access to educational and rehabilitative 4

Week 10 Assignment - Inmates' Rights activities. Moreover, administrators must guarantee that inmates are not unjustly denied access to these services. Additionally, correctional facility administrators are responsible for ensuring that individuals in custody are not deprived of access to the judicial system or the right to practice their faith. Inmates are entitled to due process and equal treatment under the law, the receipt of educational and rehabilitative services, the practice of their religion, and the right to privacy. Prisoners must have access to these rights to ensure they are treated justly and compassionately. While there may be potential for additional rights to be granted, I believe the existing rights are adequate in providing inmates with the essential safeguards they require. Inmates should be granted additional rights, including the right to vote, access proper medical treatment, utilize mental health services, and receive assistance during their incarceration. The government should guarantee these rights to ensure that detainees' fundamental human rights are preserved, and they have access to necessary services for successful reintegration into society. Conversely, certain rights, such as access to pornographic material and the possession of weapons and contraband within correctional facilities, should be eliminated. These privileges are unnecessary and may potentially contribute to increased violence and criminal activities within the prison system. 5

Week 10 Assignment - Inmates' Rights Sources: 1. Lana H. Schwartzman. No Date. CONSTITUTIONAL LAW-EIGHTH AMENDMENT INVOLUNTARY EXPOSURE TO SECOND-HAND SMOKE IN PRISON SUPPORTS A VALID CRUEL AND UNUSUAL PUNISHMENT CLAIM IF THE RISK TO ONE'S HEALTH IS UNREASONABLE AND PRISON OFFICIALS ARE INDIFFERENT TO THAT RISK. https://scholarship.shu.edu/cgi/viewcontent.cgi?article=3160&context=shlr 2. Chester Cornell. No Date. Black Islamic Evangelization in the American South. https://scholarworks.uark.edu/cgi/viewcontent.cgi?article=4334&context=etd 3. Crowd Source Lawyers. No Date. Section 1983 Civil Rights Lawsuit. https://crowdsourcelawyers.com/civil-rights-law/section-1983-civil-rights-lawsuit/ 4. Frank Schmalleger. 2012. CORRECTIONS IN THE 21ST CENTURY, NINTH EDITION. https://strayer.vitalsource.com/reader/books/9781260805321/epubcfi/ 6/52[%3Bvnd.vst.idref%3Dch11]!/4/2/2/2[page_308 ] 5. Constitution Annotated. No date. Constitution of the United States. https://constitution.congress.gov/constitution/amendment-1/#:~:text=Congress %20shall%20make%20no%20law,for%20a%20redress%20of%20grievances . 6

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